By Farrar H.J.R. No. 41
75R3283 KKA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the issuance of
1-2 general obligation bonds to finance mortgage loans for first-time
1-3 home buyers of low or very low income.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article III, Texas Constitution, is amended by
1-6 adding Section 49-j to read as follows:
1-7 Sec. 49-j. (a) The legislature by general law may authorize
1-8 the Texas Department of Housing and Community Affairs or its
1-9 successor to issue and sell general obligation bonds of the state
1-10 in an amount not to exceed $100 million. The bonds shall be called
1-11 "Texas Housing Bonds" and shall be issued and sold in forms and
1-12 denominations, on terms, at times, in the manner, at places, and in
1-13 installments the department or its successor determines, except
1-14 that the total amount of bonds issued in a state fiscal year may
1-15 not exceed $50 million. The bonds shall bear a rate or rates of
1-16 interest the department or its successor determines, except that
1-17 the legislature by general law shall set the maximum net effective
1-18 interest rate to be borne by the bonds.
1-19 (b) The legislature by general law may authorize the Texas
1-20 Department of Housing and Community Affairs or its successor to
1-21 enter into bond enhancement agreements to place the obligation
1-22 represented by the bonds, in whole or in part, on an interest rate,
1-23 currency, cash flow, or other basis the department or its successor
1-24 determines. The obligation of the department or its successor
2-1 under the agreements to make payments with respect to principal of
2-2 or interest on the bonds shall also constitute a general obligation
2-3 of the state.
2-4 (c) The bonds and the bond enhancement agreements with
2-5 respect to the bonds are incontestable after execution by the Texas
2-6 Department of Housing and Community Affairs or its successor and
2-7 approval by the attorney general.
2-8 (d) All money received from the sale of the bonds shall be
2-9 deposited outside the treasury with the Texas Treasury Safekeeping
2-10 Trust Company and administered by the Texas Department of Housing
2-11 and Community Affairs or its successor to finance mortgage loans
2-12 for the purchase of homes in this state by persons of low or very
2-13 low income who have not previously owned a home. A portion of the
2-14 money may be used to pay costs associated with issuing the bonds
2-15 and administering the mortgage loans.
2-16 (e) While any of the bonds or interest on the bonds is
2-17 outstanding and unpaid, there is appropriated out of the first
2-18 money coming into the treasury in each fiscal year, not otherwise
2-19 appropriated by this constitution, the amount sufficient to pay the
2-20 principal of and interest on the bonds that mature or become due
2-21 during the fiscal year, including payments made during the fiscal
2-22 year by the Texas Department of Housing and Community Affairs or
2-23 its successor under bond enhancement agreements with respect to
2-24 principal of or interest on the bonds.
2-25 SECTION 2. This proposed constitutional amendment shall be
2-26 submitted to the voters at an election to be held November 4, 1997.
2-27 The ballot shall be printed to permit voting for or against the
3-1 proposition: "The constitutional amendment authorizing issuance of
3-2 $100 million in general obligation bonds to finance mortgage loans
3-3 for the purchase of homes by certain persons of low or very low
3-4 income."